City Variance 1249 – Lot Area - A variance from 27-308 requiring a minimum lot area of 7,000 square feet to allow a minimum lot area of 6,300 square feet for the demolition of an existing single family residence and construction of 2 new single family structures in a Residential Multi-family-Restricted (RMF-R) zone on the east 20 feet of Lot 29 and Lot 30, Block 9, Yellowstone Addition Subdivision, a 6,300 square foot parcel of land. Tax ID: A19013. Presented by Nicole Cromwell, Zoning Coordinator
 

Planning staff recommends conditional approval based on the findings of the 7 criteria for Variance 1249.

OWNER: Joann and John Stevens
AGENT: Robert White - Grace Construction
LEGAL DESCRIPTION: Yellowstone Addition, Block 9, East 20 feet of Lot 29 and Lot 30
ADDRESS: 434 Terry Avenue
CURRENT ZONING: RMF-R
EXISTING LAND USE: Single family dwelling and garage
PROPOSED USE: Two new single family dwellings
SIZE OF PARCEL: 6,300 square feet

None.

Subject Property - This is the original zoning of the subject property since 1972.

Surrounding Property - There have been at least 10 lot area variances submitted in the surrounding neighborhood. Nine of these variances have been approved. One variance was denied for a proposed new 8-plex on lots at 727 and 731 Terry Avenue. Twenty-nine other variances for setback, lot coverage or fence height have also been submitted in the area. Four of the variances for setbacks have been denied and the remainder approved.

NORTH:	Zoning: RMF-R Land Use: Single family and multi-family dwellings
SOUTH:	Zoning: RMF-R Land Use: Single family and multi-family dwellings
EAST:	Zoning: RMF-R Land Use: Single family and two family dwellings
WEST:	Zoning: RMF-R Land Use: Single family and multi-family dwellings

This is a variance request to allow the demolition of a single family dwelling and garage and the construction of 2 new single family dwellings on a lot less than 7,000 square feet. The adjacent property at 438 Terry Avenue was deeded the west 5 feet of Lot 29, probably to resolve a building setback issue with the front house on this 2 dwelling property. This decreased the size of the subject property, 434 Terry, from 7,000 square feet to 6,300 square feet. The property is within one of the oldest residential neighborhoods in Billings. Many of the homes and dwellings were constructed prior to the adoption of the current zoning code in 1972. The existing home on the subject property was constructed in 1920. The two single family homes at 438 Terry to the west were also constructed in 1920. Three homes on the block of Terry were built in 1900 and 4 were built in 1910. Several more were constructed in the 1920s. The multi-family dwellings at the west end of the block were constructed in the early 1950s.

The surrounding zoning is all RMF-R, the original zoning applied in 1972. Other zoning in the neighborhood includes R-60 and Neighborhood Commercial (NC). The area is a well developed neighborhood with a mixture of housing options sometimes within the same block as is the case of the subject property. Fifth Street West is the closest arterial street and serves as the main north/south route to other parts of the city from either Broadwater Avenue or Central Avenue. The average daily traffic on 5th Street West is about 5,500 to 6,000 vehicles per day. Traffic counts are always taken when schools are not in session so average daily traffic during the school year is likely much higher due to the proximity of Broadwater Elementary School and Senior High School on Grand Avenue. There is very little "cut through" traffic on Terry Avenue.

The Planning staff is recommending conditional approval of the proposed variance. There are several similar properties in the neighborhood where variances have been granted for lot area, and it appears the smaller lot area resulted from a building siting error going back to 1920 on the adjacent lot at 438 Terry Avenue. There are many lots with a "front house, back house" arrangement in the neighborhood. The proposed variance meets the guidelines of the 2016 Growth Policy to build housing options in existing neighborhoods where they fit in and the City's Infill Policy including supporting additional dwelling units on under-developed lots. The staff is recommend conditions of approval to ensure the property is developed as planned in a timely fashion to minimize disruption to the neighborhood.   

Staff recommends conditional approval based on the findings of the 7 criteria for Variance 1249.